Part 1Duty to participate in education or training: England

Chapter 5Attendance notices

Attendance notices

47Attendance notice: description of education or training

(1)This section must be satisfied in relation to education or training specified in an attendance notice given to a person to whom this Part applies by a local education authority.

(2)The education or training must be provided—

(a)at a school, college or other training or educational establishment by means of a course, or

(b)in accordance with a contract of apprenticeship.

(3)The education or training must be such that, by participating in it, the young person would fulfil the duty imposed by section 2.

(4)For that purpose, account may be taken of any contract of employment of the person or other arrangement under which the person works.

(5)The education or training must—

(a)be appropriate full-time education or training, or

(b)otherwise be suitable for the person, having regard—

(i)to the person’s age, ability and aptitude, and

(ii)to any learning difficulty which the person may have.

(6)Subsections (5) and (6) of section 13 of the Learning and Skills Act 2000 (c. 21) (persons with learning difficulties) apply for the purposes of subsection (5)(b).

(7)Where the education or training is to be provided by means of a course, the local education authority—

(a)must have consulted the governing body or proprietor of the school, college or other training or educational establishment at which the education or training is to be provided, and

(b)must have made arrangements, or be satisfied that arrangements have been made, for the education or training to be provided there for the person.

(8)Where the education or training is training provided in accordance with a contract of apprenticeship, the local education authority must have consulted the employer in relation to the contract of apprenticeship.